Minnesota Center for Environmental Advocacy v. Commissioner of Minnesota Pollution Control Agency

OPINION

CRIPPEN, Judge.*

This appeal challenges administrative approval of a wastewater treatment permit by respondent Minnesota Pollution Control Agency (the agency). Relator Minnesota Center for Environmental Advocacy argues that (1) the agency changed its construction of Minn. R. 7050.0211, subp. la (2003) (phosphorus removal rule), in a manner that is arbitrary, resulting in the Coon Rapids Dam Pool not being protected as a reservoir; (2) the agency’s test for determining whether allowing the treatment plant would affect the reservoir is too narrow; and (3) the agency improperly put the…